[TW: Rape] Calif. judge says victims' body can prevent rape

1:40 am - 12/14/2012

SANTA ANA, Calif. (AP) — A Southern California judge is being publicly admonished for saying a rape victim "didn't put up a fight" during her assault and that if someone doesn't want sexual intercourse, the body "will not permit that to happen."

The California Commission on Judicial Performance voted 10-0 to impose a public admonishment Thursday, saying Superior Court Judge Derek Johnson's comments were inappropriate and a breach of judicial ethics.

"In the commission's view, the judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not 'put up a fight.' Such comments cannot help but diminish public confidence and trust in the impartiality of the judiciary," wrote Lawrence J. Simi, the commission's chairman.

Johnson made the comments in the case of a man who threatened to mutilate the face and genitals of his ex-girlfriend with a heated screwdriver, beat her with a metal baton and made other violent threats before committing rape, forced oral copulation, and other crimes.

Though the woman reported the criminal threats the next day, the woman did not report the rape until 17 days later.

Johnson, a former prosecutor in the Orange County district attorney's sex crimes unit, said during the man's 2008 sentencing that he had seen violent cases on that unit in which women's vaginas were "shredded" by rape.

"I'm not a gynecologist, but I can tell you something: If someone doesn't want to have sexual intercourse, the body shuts down. The body will not permit that to happen unless a lot of damage is inflicted, and we heard nothing about that in this case," Johnson said.

The commission found that Johnson's view that a victim must resist to be a real victim of sexual assault was his opinion, not the law. Since 1980, California law doesn't require rape victims to prove they resisted or were prevented from resisting because of threats.

In an apology to the commission, Johnson said his comments were inappropriate. He said his comments were the result of his frustration during an argument with a prosecutor over the defendant's sentence.

Johnson said he believed the prosecutor's request of a 16-year sentence was not authorized by law. Johnson sentenced the rapist to six years instead, saying that's what the case was "worth."

In an apology to the commission, Johnson said his comments were inappropriate. He said his comments were the result of his frustration during an argument with a prosecutor over the defendant's sentence.

And at this point I thought the judge was going to give a real apology and then I read the next sentence.

Johnson said he believed the prosecutor's request of a 16-year sentence was not authorized by law. Johnson sentenced the rapist to six years instead, saying that's what the case was "worth."

"I'm not a gynecologist, but I can tell you something: If someone doesn't want to have sexual intercourse, the body shuts down. The body will not permit that to happen unless a lot of damage is inflicted, and we heard nothing about that in this case," Johnson said.

legit flames on the side of my face rn. This has no basis in actual fucking fact and is so misogynistic and stupid I want to punch him in the throat.

"I'm not a gynecologist, but I can tell you something: If someone doesn't want to have sexual intercourse, the body shuts down. The body will not permit that to happen unless a lot of damage is inflicted, and we heard nothing about that in this case," Johnson said.

Do men think women are transformers or something? Where did this "body shutting down" nonsense come from? It would almost be funny if these opinions didn't come from men who have actual power over women and their rape cases. Disgusting.

I'm not entirely sure, but my dad got that idea from an episode of Criminal Minds. APPARENTLY, he claims that the 'doctor' in one of the cases in the episode said that you could tell if a woman had been raped by the location of lacerations and that women's bodies will respond in certain ways in rape cases making it apparent during physical exams if she was raped or not. That was the first time I ever heard of anything of the sort, and I've had other men tell me that they "learned" that from Criminal Minds also. Like I've said, I don't watch it so I don't know.

I was reading Alison Leotta's crime blog, and she said one of the unfortunate things about Law and Order SVU is that often the doctors come to the detectives with things like vaginal lacerations, vaginal trauma, etc, that "prove" the victim has been raped, when in reality rape victims often do not have any lacerations/trauma/anything of the sort. But this sort of dramatization for television results in these ridiculous myths spreading around and being picked up as facts.

They do that a lot, it's true, but they also have said on several occasions (and on the show The Closer, too) that while they didn't find any 'obvious' signs of rape, like tissue damage, they couldn't rule it out because of other factors and that you didn't always see bruises or lacerations.

So some shows do get it right sometimes, but the emphasis on physical damage is not good.

It's stuff like this that reminds me of something I read once online - that there are people who don't really understand what rape is. They know it's a bad thing, but they don't understand that it is one of the worst things.

I'm sad I don't have computer skills. Someone posted this on another chat board and at this point, all I keep thinking is "My Little Pony: Vaginas are Magic!" because apparently some people think they are.

It's ultimately a hole. I don't know why people think women have secret doors to close like Dorothy hiding out in the cellar to escape a tornado. It doesn't work that way. we cannot latch them shut from the inside. And even if we could, the threat of having other parts stabbed with a red hot object would persuade most people to unlock as a matter of picking survival in indignity over disfigurement, pain, and possible death.

Johnson made the comments in the case of a man who threatened to mutilate the face and genitals of his ex-girlfriend with a heated screwdriver, beat her with a metal baton and made other violent threats before committing rape, forced oral copulation, and other crimes.

HOLY SHIT how can ANYONE make such dismissive comments after hearing that description?? What a sack of shit.

Johnson, a former prosecutor in the Orange County district attorney's sex crimes unit, said during the man's 2008 sentencing that he had seen violent cases on that unit in which women's vaginas were "shredded" by rape.

So he should KNOW BETTER JESUS FUCKING CHRIST TAPDANCING ON A CRACKER. He specifically worked in the sex crimes unit and is still spewing this tripe?!

"I'm not a gynecologist, but I can tell you something: If someone doesn't want to have sexual intercourse, the body shuts down. The body will not permit that to happen unless a lot of damage is inflicted, and we heard nothing about that in this case," Johnson said.

I'm so sick of this shit. The judge didn't think this was so bad because he's seen worse? Or because the perp only threatened to mutilate his victim, but actually didn't? What the hell kind of reasoning is that?

Johnson said he believed the prosecutor's request of a 16-year sentence was not authorized by law. Johnson sentenced the rapist to six years instead, saying that's what the case was "worth."

That sentence makes me rage more than anything. How did this vile piece of shit ever get to become a judge and more importantly, how is he still on the fucking bench? A public admonishment isn't enough... someone this wilfully ignorant has no business remaining on the bench.

Hypothetical example. But I can see you are heated and ready for a fight so I let you chew on your own comment. No, it's NOT funny. As for why you thought someone should bring a sense of humor to this discussion I don't know, but the idea still stands, doesn't it? When he means rape, what/whom exactly is he covering and would a man's body 'prevent' it as well? Never mind though - anyone who starts a comment with 'fuck you' instead of 'why would you say that?' is not worth talking to. Goodbye.

Fuck you. Yes, I am fucking heated and ready for a fight about the fact that you are suggesting (sarcastically or otherwise) rape as a solution for horrific rape apologism. Fuck you for saying that. Fuck you for defending it. Fuck you.

Disbarred, and *all* his previous rape and assault cases examined to see if his special brand of ignorant fuckery means that some men were let off or not convicted because he didn't think it was 'really rape' or 'worth it'.

Take your misogynistic, antiquated, assclarinet views and your nasty fauxpology and get the fuck off the planet. Because personally? I would love the opportunity to put you and people like you (Todd Akin, Dick Mourdock and the rest of their ilk) in a giant rocket and shoot you all into the sun. Nothing of value would be lost.